HUF PROPERTY

agriculture

We have purchased a agricultural property from legal heirs of  Late.Krishnamma who had purchased land in 1940's Now for the same land suit for partition is been filed by the family members of late.Krishnamma's husband's...brothers grand children stating that the property is a HUF property having purchased by selling movable assets. My querry is how will the case be decided

 
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Advocate

Property is Claimed as HUF  Property & Partition is claimed -  The Nauture of the Propertry  and rights of the parties to be proved- to  Claim Partition !

 
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Kindly let me know as to the contents of the sale deed which has been given and also the mother document under which Krishnamma has derived right. Has it been mentioned as to the channel of payment of sale consideration in the said sale deed? What succession Act applies, to your knowledge, to Krishnamma? The burden of proving that the said property was purchased out of the assets of the joint family is on the person who is contending it. If your lawyer is efficient enough, he would dig into these minute facts and you could win the case, if there is no evidence to the said effect.

UDAYA PRAKASH MULIYA

 

 
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civil practice

I understand that on the death of Krishnamama,her husband"s brother cannot be heirs,even husband cannot be heir.

 
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LEGAL COUNSEL

 Hope before purchasing the land the title investigation was done and public notice was placed in the local newspaper. If the public notice intending the purchase of the land was published and no objection was received from any of the claimants who have now filed the suit, it could be one of a good defense for you, being a bona fide purchaser

vasudevan

 
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LAWYER HUBLI,KARNATAKA

THE LEGAL HEIRS COULD CLAIM THE RIGHT OVER THE PROPERTY  IN GENERAL PARTITION SUIT.But in your case  the details are not properly furnished,the recitals in the sale deed,conditions etc are to be taken into concideration.... and I agree with uday prakash Muliya views.

 
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There are one of 4 brothers, elder 1 is HUF in the Agri. Land property . Younger one out of rest 3 is deceased. Names of the Heirs of  the deceased person can recorded in 7/12 extract (Revenue Record). Pls email me the procedure.

 
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I am the defendent of the case

I donot know what evidence that they will bring to prove that the said property was purchased out of the funds received by selling domestic animals held by the family.

If so why did not they get it registered in the male members of the family

why didi they register the property in wifes name

Regarding contents of the sale deed it shows the name of the purcaser followed by the name of the father of the purchaser and amount mentioned as cash rs.1000/- sale consideration

 

 
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